Christopher R. Decker, managing partner at The Law Offices of Decker & Jones, spoke with 9NEWS Investigates about the federal lawsuits accusing Englewood-based ONEflight International of operating a “Ponzi-like scheme.” He explained what the term means in criminal law, where a failing business ends and fraud begins, and why he expects prosecutors to take a close look at the case.
The ONEflight lawsuits
ONEflight International, a Colorado-based private flight-chartering service, abruptly ceased operations on September 15, 2026. Since then, at least four customers have sued the company in federal court. The newest suit, filed by a Connecticut man, alleges ONEflight is holding more than $527,000 of his money that was meant for future flights the company will not provide.
The four plaintiffs say they collectively paid ONEflight more than $2 million, and one suit asserts the company may have taken in more than $150 million selling memberships and flight credits. The newest complaint echoes an earlier one in alleging that the company and its founder were operating what amounted to a Ponzi scheme. The company’s founder had not responded to 9NEWS as of October 7. These are civil allegations; none of them has been proven in court, and no criminal charges have been announced.
What “Ponzi scheme” means
“When we use the term Ponzi scheme, that is a derogatory term that comes out of the criminal law, where people are collecting large amounts of money and not delivering it where they say, but they’re using that money to generate more revenues rather than pay off the obligations or services that they’ve contracted to do.”— Christopher R. Decker, 9NEWS, October 7, 2026
There is no single crime called “running a Ponzi scheme.” When prosecutors bring a case, they charge it under existing fraud and theft laws. At the federal level, that usually means wire fraud and mail fraud, each punishable by up to 20 years in prison per count, along with securities fraud when investors are involved and money laundering when proceeds are moved. In Colorado, the same conduct can be charged as theft, which becomes a class 2 felony once the amount reaches $1 million, as securities fraud under the Colorado Securities Act, or under the Colorado Organized Crime Control Act (COCCA). Federal and state authorities can each pursue a case, which is one reason the difference between state and federal charges matters early.
The line between a failing business and fraud
Decker told 9NEWS the pattern alleged in the ONEflight suits is one he has seen before.
“Certainly I’ve seen that in my own professional work, where a company is under water and they are not attributing income to where it should be going, but taking those monies to meet existing demands.”— Christopher R. Decker, 9NEWS, October 7, 2026
A business that takes customer deposits, falls behind and fails has not committed a crime by failing. To convict, the government has to prove the person intended to deceive: that they knew the money could not be delivered as promised and took it anyway. That question of who knew what, and when, is where most fraud cases are won or lost, and it is decided largely on emails, bank records and accounting that both sides will comb through.
Civil lawsuits often come before criminal charges
The company’s founder and CEO served 16 months in federal prison in 2007 and 2008 after pleading guilty to tax evasion, according to court documents cited by 9NEWS. Decker said that history, together with the size of the alleged losses, makes a criminal review likely.
“Anytime you have an individual with a history of criminal conduct like that, and a situation like this where you have hundreds of thousands of dollars or millions of dollars in losses and missing money, I would be very surprised if criminal prosecutors were not at least reviewing this for potential charges.”— Christopher R. Decker, 9NEWS, October 7, 2026
An FBI spokeswoman told 9NEWS the bureau would neither confirm nor deny the existence of a criminal investigation.
For anyone connected to a business under this kind of scrutiny, including owners, executives, salespeople and bookkeepers, the period before charges are filed is often the most important stage of the case. Statements made to investigators, testimony given in a civil deposition, and documents produced in a civil lawsuit can all become evidence in a later prosecution. An experienced defense attorney can advise on when to assert your rights, respond to subpoenas and target letters, and in some cases influence whether charges are filed at all.
If you are under investigation or facing charges for fraud, securities fraud, or other white collar crimes in Colorado, call our office at 303-573-5253.